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High Court grants an application, supported by both parties, to allow leave to renew an order for possession for another year, on the grounds that: (a) it was not deemed an 'action on judgment' and could thus be renewed by the Court for up to 12 years; (b) it was common cause between the parties and the commercially sensible transaction; and (c) to do so otherwise would have rendered the bank obliged to execute the order now and thus render the defendant homeless during the pandemic.
Whether an application to renew an order of possession is an ‘action on a judgment’ and thus governed by the applicable laws – would allow it to be renewed for another year – if not, expires on 12 years and would have to be actioned – applicant reluctant to do so as that would render defendant homeless during pandemic – applicant had chosen not to enforce order upon receiving it 11 years ago due to part payment of debt – forbearance of eviction from family home should be encouraged not punished – not action on a judgement – supplementary to the conclusion of the action – commercial common sense and common cause between the parties that order should be renewed – leave granted to renew execution order for further year.
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